Navigating The Regulatory Landscape For AI And Publicly Available Data In India

Ishnay Prakash & Dhruv Sanjeev Purkar, School of Law, CHRIST (Deemed to be University), Bengaluru

ABSTRACT

Artificial Intelligence stands at its potential zenith today as it is rapidly evolving and giving way to fast technology. As AI is made to deal and delve into data in order to make it function, the access to publicly available data and its interaction with AI gives rise to a set of legal intricacies. This legal research paper delves into the complex and evolving regulatory framework governing the intersection of Artificial Intelligence (AI) and publicly available data in India. The paper meticulously navigates the changing regulatory landscape within India, placing specific emphasis on the contentious Section 3(c)(ii) of the Digital Personal Data Protection Act, 2023. This clause, which extends exemptions to publicly available data, beckons a close examination due to its far-reaching implications. This paper encapsulates a comprehensive legal exploration into the consequences of Section 3(c)(ii) concerning the processing of individuals' personal information for AI applications. The paper analyzes various legal provisions in the present machinery of AI and Data Protection framework and viewpoints of the Hon’ble Supreme Court. It further goes on to suggest the imperative need for a well-balanced legal and policy framework, which, while facilitating AI innovation, steadfastly safeguards the fundamental rights to privacy within India's evolving data protection laws.